Terms of Use

ACCEPTANCE OF TERMS

By accessing or using our website (“Site” or “Service”) at or posting messages on www.socialroster.com, you (the “User”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “TOU” or “Agreement”), whether or not you are a registered member of Social Roster.

MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the service or the website after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the website to determine if there have been changes to these Terms of Use and to review such changes.

CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that Social Roster does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Social Roster site and Content available through the Service may contain links to other websites, which are completely independent of Social Roster. Social Roster makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Social Roster be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Social Roster does not pre-screen or approve Content, but that Social Roster shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

THIRD PARTY CONTENT, SITES, AND SERVICES

The Social Roster site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Social Roster, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that Social Roster shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Social Roster is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Social Roster, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

PRIVACY

Social Roster has established two Privacy Policies (one for users above the age of 18 years, and one for users below the age of 18) to explain to users how their information is collected and used, which is located at the following web address: http://www.socialroster.com/about/policies.php

Your use of the Social Roster website or the Service signifies acknowledgement of and agreement to one or both of our Privacy Policies. You further acknowledge and agree that Social Roster may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Social Roster, its users or the general public.

CONDUCT

You understand that except for advertising programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. It should be noted that if the user is under the age of 18 years, the user’s parent or guardian is solely responsible for all content posted on the website by the parent or guardian’s child, subject to the same provisions set forth herein.
In addition, you agree not to use the Service or the Site to:

harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
use automated scripts to collect information from or otherwise interact with the Service or the Site;
upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.

POSTING AGENTS

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Social Roster’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Social Roster. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Social Roster.

NO SPAM POLICY

This Anti-Spam Policy Notice governs the use of the web page at and its associated services, web pages, domains and sub-domains. This sets forth our policy with regard to the use of “Spam” marketing techniques in connection with Internet Marketing. In the event that we deem you to be in violation of these policies, we shall immediately revoke your rights and close any active account.

We have a strict policy against spamming. We forbid the sending of unsolicited mass Emails or unsolicited Emails of any kind in connection with the marketing of our programs, products and services.
We reserve the right to terminate your account and participation in our programs “for cause” if we deem you to be in violation of our anti-spamming policies. We also reserve the right to suspend your account and participation pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.
If you are “spammed” by anyone regarding our products, services, web site, or any other matters, please report this activity to Social Roster by visiting the web page at www.socialroster.com or contacting Social Roster at brian@socialroster.com

LIMITATIONS ON SERVICE

You acknowledge that Social Roster may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Social Roster has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Social Roster reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Social Roster shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

ACCESS TO THE SERVICE

Social Roster grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:(a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Social Roster. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

Social Roster permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by Social Roster to do so. You may also create a hyperlink to the home page of Social Roster sites so long as the link does not portray Social Roster, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner.

Use of the Service beyond the scope of authorized access granted to you by Social Roster immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Social Roster.

TERMINATION OF SERVICE

You agree that Social Roster, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Social Roster believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Social Roster shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Social Roster. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Social Roster, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although Social Roster does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Social Roster an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Social Roster all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE SOCIAL ROSTER SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SOCIAL ROSTER SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SOCIAL ROSTER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SOCIAL ROSTER SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SOCIAL ROSTER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SOCIAL ROSTER SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SOCIAL ROSTER SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SOCIAL ROSTER DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SOCIAL ROSTER SITE OR THE SERVICE.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

WAIVER OF LIABILITY, RELEASE, ASSUMPTION OF RISK & INDEMNITY AGREEMENT

For and in consideration of YOUR registration with Social Roster, and being allowed to participate in any league or team affiliated therewith, YOU relinquish on behalf of YOURSELF, YOUR heirs, creditors, administrators and assigns, any and all claims, rights, actions, suits or causes of action against Social Roster, Social Roster’s sponsors, or Social Roster’s owners, officers, directors, and/or operators (hereinafter collectively referred to a “Releasees”) for personal injury, property damage, wrongful death or any other type of injury or damages arising out of YOUR participation in any league or team affiliated with Social Roster, and/or any activities incidental thereto, whenever or however they may occur and for such period said activities may continue.

YOU fully understand that all sports involve risks to YOUR person including bodily injury, partial or total disability, paralysis, and death, and damages which may arise therefrom and YOU acknowledge and assume all such risks in connection with YOUR participation with any team or league affiliated with Social Roster.

YOU further understand and acknowledge that these risks and dangers may be caused by YOUR own negligence or the negligence of others and YOU voluntarily assume all such risks whether caused by YOUR own negligence or the negligence of others.

YOU further acknowledge that there may be risks and dangers that are not known to Social Roster or YOURSELF or are not reasonably foreseeable at this time and YOU voluntarily assume all such risks.

YOU agree that if any person or entity brings any claim or lawsuit for personal injury, property damage, wrongful death, subrogation or any other cause of action against Releasees related to any injury or damages YOU may suffer in connection with YOUR involvement with or participation with any team or league affiliated with Social Roster, YOU shall defend, indemnify and hold harmless Releasees from any and all claims or causes of action by whomever of wherever made or presented.

It is the purpose of this Agreement to exempt, waive and relieve Releasees from any and all liability for personal injury, property damage, wrongful death or any other type of injury or damages incurred by YOU in connection with YOUR participation in any league or team affiliated with Social Roster.

YOU acknowledge that YOU have been provided and have read the above paragraphs and have not relied upon any express or implied representations of Releasees in choosing to execute this Agreement.

WAIVER OF FINANCIAL LIABILITY
IN NO EVENT SHALL WE, OUR PARENT, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE, as explained hereinabove). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. IN THOSE CASES, OUR LIABILITY, AND THE LIABILITY OF OUR EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
In the event an individual user, team member or player or has a complaint regarding charges, fees and expenses incurred as a result of participating in a sports team or league, that individual must seek any and all relief from the coach(es) of their respective team(s) or commissioner(s) of their respective league(s). Social Roster is not responsible for any unnecessary, excess or unwarranted charges, expenses or fees incurred by the individual user, team member, or player. The commissioner(s) of the league(s) are solely responsible for making certain that any expenses, fees or costs associated with running the league(s) are timely paid in the full amount(s) required. These costs include, but are not limited to, team fees, t-shirts, referees, field reservations, equipment, etc.
SOCIAL ROSTER, OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SOCIAL ROSTER, OUR EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Social Roster does not have any control over the products or services that are paid for with our Service and Social Roster cannot ensure that the teams and leagues you are dealing with will actually complete the transaction and fulfill their obligations. Social Roster is merely and intermediary and accepts no responsibility for any excess and/or unexpected charges or fees you may incur by virtue of your involvement with any league or team, including, but not limited to, credit card processing fees, late payments, etc. Social Roster does not guarantee continuous, uninterrupted or secure access to our Service, and operation of our site may be interfered with by numerous factors outside of our control. Social Roster will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Social Roster makes no representations or warranties regarding the amount of time needed to complete processing because our Service is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
TERMS OF PAYMENT
The users and/or commissioners will be subject to separate Terms of Payment, which will govern the payment obligations and responsibilities of each party. The Terms of Payment will differ among, and are specific to, each user and/or commissioner. Any dispute arising from a Terms of Payment agreement will be governed by the provisions set forth in this TOU and the Privacy Policies
GENERAL INFORMATION

The TOU, Privacy Policies and Terms of Payment constitute the entire agreement between you and Social Roster and govern your use of the Service, superseding any prior agreements between you and Social Roster. The TOU, Privacy Policies, Terms of Payment and the relationship between you and Social Roster shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and Social Roster agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Baltimore City, Maryland. The failure of Social Roster to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

ARBITRATION

YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the Social Roster website may be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.

FEEDBACK

We welcome your questions and comments regarding the Social Roster website by
emailing: legal@socialroster.com